HB0206 - Retirement-dual firemen's pension restriction.

 

2001

State of Wyoming

01LSO-0375

 

 

 

HOUSE BILL NO.  HB0206

 

 

Retirement-dual firemen's pension restriction.

 

Sponsored by:  Representative(s) Hageman, Huckfeldt and
McOmie

 

 

A BILL

 

for

 

 1  AN ACT relating to firemen retirement; prohibiting
 2  participation in paid and volunteer firemen's retirement
 3  for service within the same fire department; providing an
 4  exception for existing members; and providing for an
 5  effective date.

 6 

 7  Be It Enacted by the Legislature of the State of Wyoming:

 8 

 9         Section 1.  W.S. 15-5-202 by creating a new subsection
10  (d), 15-5-419 and 35-9-602 are amended to read:

11 

12         15-5-202.  Pension account; creation; administration;
13  donations; investment; dual participation prohibited.

14 

15         (d)  No paid fireman shall participate as a member of
16  the firemen's pension account established under this

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 1  article and as a member of the volunteer firemen's pension
 2  fund established under W.S. 35-9-601 through 35-9-615 if
 3  participation is based upon covered service with the same
 4  fire department.

 5 

 6         15-5-419.  Dual membership prohibited.

 7 

 8         (a)  Any employee hired before July 1, 1981 is covered
 9  by the pension system specified in W.S. 15-5-201 through
10  15-5-209 unless he elects to become a member pursuant to
11  W.S. 15-5-418. Any employee hired on or subsequent to July
12  1, 1981 is covered by the pension system specified in this
13  article. No employee may be covered by the pension systems
14  of both W.S. 15-5-201 through 15-5-209 and this article.

15 

16         (b)  No paid employee shall participate as a member of
17  the firemen's pension system established under this article
18  and as a member of the volunteer firemen's pension fund
19  established under W.S. 35-9-601 through 35-9-615 if
20  participation is based upon covered service with the same
21  fire department.

22 

23         35-9-602.  Fund account created; administration;
24  disbursements from account; dual participation prohibited.

 

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 1 

 2         (a)  There is hereby established a volunteer firemen's
 3  pension account within the trust and agency fund from which
 4  the awards, benefits, and pensions established under the
 5  provisions of this act W.S. 35-9-601 through 35-9-615 shall
 6  be paid. The funds shall be controlled by the Wyoming
 7  volunteer firemen's pension board and administered by the
 8  director of the Wyoming retirement system. All expenses of
 9  administration shall be paid by the fund. Disbursements
10  from the fund shall be made only on duly authorized
11  vouchers signed by the director of the retirement account
12  within the trust and agency fund in his capacity as
13  chairman of the board and any member of the board, and
14  presented to the state auditor for payment.

15 

16         (b)  No volunteer fireman shall participate as a
17  member of the volunteer firemen's pension fund established
18  under W.S. 35-9-601 through 35-9-615 and as a member of the
19  firemen's pension account under W.S. 15-5-201 through
20  15-5-209 or 15-5-401 through 15-5-422 if participation is
21  based upon covered service for the same fire department.

22 

23         Section 2.  This act shall not apply to any person who
24  prior to the effective date of this act, participated in

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 1  the firemen's pension system established under W.S.
 2  15-5-201 through 15-5-209 or 15-5-401 through 15-5-422 and
 3  pursuant to rule and regulation of the volunteer firemen's
 4  pension board, participated as a vested member of the
 5  volunteer firemen's pension fund under W.S. 35-9-601
 6  through 35-9-615.

 7 

 8         Section 3.  This act is effective immediately upon
 9  completion of all acts necessary for a bill to become law
10  as provided by Article 4, Section 8 of the Wyoming
11  Constitution.

12 

13                         (END)

 

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